High Court of DelhiW.P.(C)/9679/2022

N Jayachandran v. Union Of India And Others

2024-07-09Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Ms. Justice Shalinder Kaur3 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9679/2022 & CM APPL. 28819/2022 -Stay. N JAYACHANDRAN .....Petitioner Through:

Mr.Alakh Alok Srivastava, Adv.

versus UNION OF INDIA AND OTHERS .....Respondent Through:

Mr.Vineet Dhanda, CGSC with Mr.Abhi Shrut Singh, Mr.Abhijit Singh Kadyan, Advs.

SI Shiv Kumar Singh.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 09.07.2024

1. The petitioner, who joined the CRPF on 04.12.1992 and is presently working as an ASI/GD, has approached this Court under Article 226 of the Constitution of India seeking the following reliefs:- "a) Issue an appropriate Writ, Order or Direction to Quash and Set Aside the Impugned Transfer Order dated 24.06.2022 (Annexure P-7) vide which the Respondent CRPF has arbitrarily and illegally transferred the Petitioner from CRPF CTC, Coimbatore (Tamil Nadu) to CRPF 141 Battalion, Bhadrachalam (Telangana) in utter violation of the Standing Order No. 07/2015; and/or b) Accordingly, issue an appropriate Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondent CRPF to let the Petitioner complete his entire tenure of 4 years till 11.10.2024 at his present place of posting i.e., CRPF CTC, Coimbatore (Tamil Nadu), in terms of the Standing Order No.07/2015; and/or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

c) Pass any such further order/order(s) as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. The record shows that on 05.07.2022, this Court had stayed the operation of the transfer order dated 24.06.2022, whereby the petitioner had been transferred from CTC, Coimbatore (Tamil Nadu) to CRPF 141 Battalion, Bhadrachalam (Telangana).

3. Without expressing any opinion qua the grounds raised in the petition based on which the petitioner had prayed that his transfer order be deferred till 11.10.2024 to enable him to complete four years tenure at CTC, Coimbatore (Tamil Nadu), we find that at this stage, the petition itself has become virtually infructuous. Furthermore, on account of the matter not being taken up for consideration on a number of dates, the interim order was being extended from time to time and consequently continues to be in force till date.

4. In these circumstances, we are of the view that now that the petitioner is at the verge of completing his four years tenure at Coimbatore(Tamil Nadu), it would be in the interest of justice that he be permitted to continue in CTC, Coimbatore (Tamil Nadu) till 11.10.2024, as prayed for by him in the petition.

5. The petition is, accordingly, allowed though not on the grounds mentioned therein, but due to the aforementioned intervening circumstances by granting the petitioner time to report to his new place of posting on or before 12.10.2024.

The petitioner will, therefore, report to CRPF 141 Battalion, Bhadrachalam (Telangana) on or before 12.10.2024.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6. The petition along with pending application stands disposed of in the aforesaid terms.

REKHA PALLI, J SHALINDER KAUR, J JULY 9, 2024 sr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.